South Sudan Independence — Comprehensive Peace Agreement 2005, Referendum 2011

Summary

South Sudan achieved independence on 9 July 2011 following a referendum in which 98.83% voted for independence, pursuant to the Comprehensive Peace Agreement (CPA) 2005 which itself included a self-determination referendum as a peace settlement mechanism. Recognition was swift and universal. The precedent demonstrates that negotiated self-determination referenda are a viable international peace mechanism.

Relevance to the diaspora

Tamil diaspora advocates point to South Sudan as demonstrating that international law and practice accommodates self-determination referenda as conflict resolution mechanisms where a peace process includes such provision; the absence of any similar peace process offer to Sri Lankan Tamils is highlighted as a political failure rather than a legal one.

Key provisions

• CPA Ch.1 s.1.3 — the right to self-determination of the people of Southern Sudan
• CPA — agreed referendum mechanism
• UNSC Res. 1996 (2011) — welcomed South Sudan's independence
• AU recognition — immediate on 9 July 2011

Primary source

Related entries

• → ICCPR Article 1 — Right of Self-Determination (UN)
• → East Timor Self-Determination — UNGA Resolutions, UNSC, Referendum 1999 (UN)
• → Remedial Secession Doctrine (Academic/Customary International Law) (UN)

Where this law is used in the archive

No dossier, desk or evidence pack currently relies on this entry. It is indexed and sourced, but not yet load-bearing anywhere in the archive.